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car wash destroys car

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anatiychuk

Guest
Incident in California

In late August this year I took my car to a local gas station car wash. Where the car wash damaged my car severely. My car a Mercury Sable 1993 with 107,000 miles all leather full luxury. The low blue book on the car is 4200.00 and the high blue book is 7500.00. I was inside the car at the time of the damage. The car was smashed in the right side windshield. Smashed the hood the right fender the right door, frame work, anyways the total of the estimates to repair the car came out low 4800.00 and high 5947.00. Immediately following the incident I had not even gotten out of the car wash all the way I called the station manager to take down an incident report. I only had liability insurance. So I picked up the incident with the owner of the car wash. He refused to pay for it, so I wrote a direct letter and sent photos of the car asking take resposibility, which then he turned the matter over to his insurance company. Remember the incident happened August 28, 2000. It took the insrance company 6 different consultant and claim administration companies and deciding commities on behalf of their client (the car wash) to give me the result of "their" findings. Their answer was " since the car wash computer did not show the machinery malfunctioning and also since the cars that went through after me were not damaged, therefore they are not liable." I do not understand how can they not be liable. I will take them to small claims court which is this friday, what should I expect? Are they really exempt from the liability because no other car was damaged????? Does this sound like a reasonable case to take to small claims??? If you have any advice please respond.
 


ALawyer

Senior Member
There are jurisdictional limits on what a small claims court can award -- is it $5k? -- and if you ask for more than that the case could be dismissed.

Bring the blue book, and you may need an expert to prove the repair costs, and be prepared to testify as to what happened.

The judge or mediator may ask their insurance company if settlement is possible and the company will probably make an offer just before the case is heard. And it will be a low ball one. You should be careful not to seem unreasonable, as judges like to settle cases. Explain why you are rejecting the offer.

The fact that no one else's car was damaged is NOT something you have knowledge about, and as you were in the car you can testify as to what happened. If you bought a can of soup and it exploded, the fact that no other cans exploded is not relevant to the fact yours did.

It is critically important you be believeable. The other side will cross examine you and try to get you to be flustered, or lie and then claim you made it all up. If you never sued anyone before, say so, if you've never been in court before, say so.

 
A

anatiychuk

Guest
Car wash case, "I won"

From California,

This pertains to a car that was damaged in a car wash. I won in small claims court. Now I will try to collect. Thank you for yor advice.
 

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